1-1  By:  Whitmire                                          S.B. No. 720
    1-2        (In the Senate - Filed March 9, 1993; March 10, 1993, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; April 29, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 6, Nays 0;
    1-6  April 29, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker                                      x    
   1-12        Henderson                                     x    
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson                                     x    
   1-16        Rosson             x                               
   1-17        Shapiro                                       x    
   1-18        Wentworth                                     x    
   1-19        Whitmire           x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 720                 By:  Whitmire
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to fire and police grievance procedures in certain
   1-24  municipalities.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Subsection (d), Section 143.128, Local Government
   1-27  Code, is amended to read as follows:
   1-28        (d)  Regardless of the outcome of the meeting, the fire
   1-29  fighter's or police officer's immediate supervisor or other
   1-30  appropriate supervisor, or both, shall provide a written response
   1-31  to the fire fighter or police officer, with a copy to the grievance
   1-32  counselor, within 15 calendar <five of the supervisor's working>
   1-33  days after the date the meeting occurs.  The response must include
   1-34  the supervisor's evaluation and proposed solution.  The response
   1-35  shall either be personally delivered to the fire fighter or police
   1-36  officer or be mailed by certified mail, return receipt requested,
   1-37  to the last home address provided by that person.
   1-38        SECTION 2.  Subsections (a), (b), and (c), Section 143.129,
   1-39  Local Government Code, are amended to read as follows:
   1-40        (a)  To continue the grievance procedure, the fire fighter or
   1-41  police officer must complete a step II grievance form and file it
   1-42  with the department head or the departmental grievance counselor
   1-43  within 15 <five> calendar days after the date the fire fighter or
   1-44  police officer receives the supervisor's response under Section
   1-45  143.128.
   1-46        (b)  The departmental grievance counselor shall arrange a
   1-47  meeting of the fire fighter or police officer, that person's
   1-48  immediate supervisor or other appropriate supervisor or both, and
   1-49  the department head or the department head's representative who
   1-50  must have a rank of at least assistant chief or the equivalent.
   1-51  The meeting shall be held within 15 calender <five of the aggrieved
   1-52  fire fighter's or police officer's working> days after the date the
   1-53  step II grievance form is filed under Subsection (a).
   1-54        (c)  Regardless of the outcome of the meeting, the department
   1-55  head or the department head's representative shall provide a
   1-56  written response to the fire fighter or police officer within 15
   1-57  calendar <10 of the department head's or department head's
   1-58  representative's working> days after the date the meeting occurs.
   1-59  The response shall either be personally delivered to the fire
   1-60  fighter or police officer or be mailed by certified mail, return
   1-61  receipt requested, to the last home address provided by that
   1-62  person.
   1-63        SECTION 3.  Subsections (a) and (d), Section 143.130, Local
   1-64  Government Code, are amended to read as follows:
   1-65        (a)  To continue the grievance procedure, the fire fighter or
   1-66  police officer must complete a step III grievance form and file it
   1-67  with the director within 15 <10> calendar days after the date the
   1-68  fire fighter or police officer receives the department head's
    2-1  response under Section 143.129.
    2-2        (d)  The grievance examiner shall make written findings and a
    2-3  recommendation for solution of the grievance within 15 calendar <10
    2-4  of the aggrieved fire fighter's or police officer's working> days
    2-5  after the date the hearing ends. The findings and recommendation
    2-6  shall be given to the commission and copies mailed to the fire
    2-7  fighter or police officer by certified mail, return receipt
    2-8  requested, at the last home address provided by that person, and to
    2-9  the department head.
   2-10        SECTION 4.  Subsection (a), Section 143.131, Local Government
   2-11  Code, is amended to read as follows:
   2-12        (a)  If the department head or the fire fighter or police
   2-13  officer rejects the proposed solution under Section 143.130, the
   2-14  department head, the department head's designated representative,
   2-15  or the fire fighter or police officer must complete a step IV
   2-16  grievance form and file it with the director within 15 <10>
   2-17  calendar days after the date the person receives the grievance
   2-18  examiner's recommendation.
   2-19        SECTION 5.  (a)  This Act takes effect September 1, 1993, and
   2-20  applies only to an action taken under the grievance procedures of
   2-21  Sections 143.128 through 143.131, Local Government Code, as amended
   2-22  by this Act, on or after that date.
   2-23        (b)  An action taken under the grievance procedures of
   2-24  Sections 143.128 through 143.131, Local Government Code, before the
   2-25  effective date of this Act is governed by the law relating to the
   2-26  action in effect on the date the action was taken, and the former
   2-27  law is continued in effect for that purpose.
   2-28        SECTION 6.  The importance of this legislation and the
   2-29  crowded condition of the calendars in both houses create an
   2-30  emergency and an imperative public necessity that the
   2-31  constitutional rule requiring bills to be read on three several
   2-32  days in each house be suspended, and this rule is hereby suspended.
   2-33                               * * * * *
   2-34                                                         Austin,
   2-35  Texas
   2-36                                                         April 29, 1993
   2-37  Hon. Bob Bullock
   2-38  President of the Senate
   2-39  Sir:
   2-40  We, your Committee on Intergovernmental Relations to which was
   2-41  referred S.B. No. 720, have had the same under consideration, and I
   2-42  am instructed to report it back to the Senate with the
   2-43  recommendation that it do not pass, but that the Committee
   2-44  Substitute adopted in lieu thereof do pass and be printed.
   2-45                                                         Armbrister,
   2-46  Chairman
   2-47                               * * * * *
   2-48                               WITNESSES
   2-49                                                  FOR   AGAINST  ON
   2-50  ___________________________________________________________________
   2-51  Name:  Michael Howard                            x
   2-52  Representing:  Houston Police Patrolmen's
   2-53  City:  Houston
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   2-55  Name:  David Barber                              x
   2-56  Representing:  Houston Police Dept.
   2-57  City:  Houston
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   2-59  Name:  Rick Mumey                                x
   2-60  Representing:  Houston Professional Fire
   2-61  City:  Houston
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